Burnice Jerome Davis - Page 4




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          JJD did not live with petitioner during 2003.  The final judgment           
          in the divorce proceeding ordered petitioner to pay 72 percent of           
          all reasonable and necessary medical, dental, eye care, hospital,           
          and other health care expenses incurred in the care and treatment           
          of JJD.                                                                     
               Petitioner filed his Form 1040, U.S. Individual Income Tax             
          Return for 2003 as a head of household and claimed a dependency             
          exemption and a child tax credit for JJD.  Ms. Davis did not sign           
          a written declaration providing that she would not claim JJD as a           
          dependent in 2003.                                                          
               In the notice of deficiency, respondent determined that                
          petitioner was not entitled to a dependency exemption for JJD on            
          his 2003 tax return.  Additionally, respondent determined that              
          petitioner was not entitled to a child tax credit for JJD in                
          2003.  Finally, respondent determined that petitioner is not                
          entitled to file as head of household.                                      
                                     Discussion                                       
          I.  Dependency                                                              
               Generally, a taxpayer is allowed a dependency deduction for            
          a son or daughter if that child meets the statutory definition of           
          dependent.  Sec. 151(c)(1), (3).  The term “dependent” is defined           
          as an individual who receives over half of his support from a               
          taxpayer.  Sec. 152(a).                                                     








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